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Home My WebLink AboutSuperior Coach of Florida, Inc. - Lease Addendum -2013LEASE ADDENDUM SUPERIOR COACH OF FLORIDA INC & CITY OF WINTER SPRINGS THIS ADDENDUM TO LEASE ( "Addendum ") is made this � day of _ 2013, by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation (hereinafter referred to as "Lessee ") and SUPERIOR COACH OF FLORIDA INC, a Florida Corporation, d/b /a Zaffran Bus Sales (hereinafter referred to as "Lessor") as follows: WHEREAS, Lessee desires to lease a vehicle from Lessor for several days between the period of time from June 4, 2013 to August 1, 2013; and WHEREAS, the parties desire to modify Lessor's standard lease form agreement as specifically provided hereunder. NOW, THEREFORE, in consideration of valuable consideration received at the time of execution hereof, the receipt and sufficiency of which is acknowledged, the Lessee and Lessor do hereby agree that the Superior Coach of Florida, Inc Lease, dated May 13, 2013 ( "Lease"), is hereby amended as follows: 1. Subparagraphs (b) and (c) of Paragraph 1,Vehicles, Equipment, Rental, Charges, Deposit, Use, and TERM, are hereby deleted in their entirety. 2. Paragraph 3 is hereby amended as follows: A. All language beginning on line 5 (which states "Unless Lessee gives written notice ...." ) through the end of that paragraph is hereby deleted. B. The following language is added to replace the deleted language: During the term of the Lease, Lessee shall be responsible for and shall pay for all routine repairs of the vehicle such as tire repairs, oil changes, fluid changes and refills, changing wiper blades and towing expenses associated therewith. In addition Lessee shall be responsible for each non - routine repair not to exceed $375.00, excluding any related towing expense. Any expense associated with a non - routine repair that exceeds $375.00 shall be the full responsibility of the Lessor. Lessor and Lessee agree to split the cost of any towing expenses associated with a non - routine repair. Loss or damage to the leased vehicle such as theft, vandalism, and accidents shall be covered under the provisions of paragraph 8. 3. Paragraph 10 is hereby deleted in its entirety and shall be replaced with the following language: Lessee agrees, to the extent permitted by law, to indemnify and hold Page 1 of 3 harmless the Lessor from any and all liability or claims for losses, damage to property, personal injuries (including but not limited to death), or liability (including costs, expenses, and reasonable attorney's fees), arising out of or connected with Lessee's use, operation, and return of the leased vehicle. Nothing contained in this Lease shall be construed as a waiver of the Lessee's right to sovereign immunity under section 768.28, Florida Statutes, or other limitations imposed regarding the Lessee's potential liability under state or federal law. The provisions of section 768.28, Florida Statutes are hereby deemed fully incorporated herein by this reference as if expressly set forth herein. 4. The Insurance Certificate attached hereto as Exhibit "A" is acceptable to Lessor and deemed incorporated into Paragraph I (a) Insurance. 5. All other provisions of the Lease not amended by this Addendum shall remain as stated in the Lease. IN WITNESS WHEREOF, the Lessor and Lessee set theirrespective hands onthe day andyear above written. WITNESSES: STATE OF FLORIDA COUNTY OF SEMINOLE CITY OF WINTER SPRINGS, a Florida municipal Corp o io . or By: _ KE L. SMI , City M ager The foregoing instrument was acknowledged and sworn to be ore me this 301. h day of 2013 by Kevin L. Smith, City Manager of Winter Springs JK who is personally known to meteor [5 who has produced as identification. CK)MUtac C"44k-pw NOTARY PUBLIC My Commission Expires DANIELLE M. R4NO My COMMISSION I EE 062248 BandeEXPIRES- • APd,15, 2015 at�yP06c Underwrite,, Page 2 of 3 Print Name: STATE OF FLORIDA COUNTY OF DN SUPERIOR COACH OF FLORIDA, INC, a Florida Corporation. The foregoing instrument was acknowledged and sworn to before me this 4 day of 2013 by Daniel Zaffran, as President of Superior Coach of Florida, Inc., ❑ who is persougly known to me or ❑ who has produced as identification. NOTARY PUBLI My Commission Expires 'tQ1,RY PV� �GLC p� * �� * MY COMMISSION t DD 955115 " EXPIRES: April 9, 2014 '';"'Y' k1drd nm BWO NoWy SWW Page 3 of 3 I ao LEASE 0 0 SUPERIOR COACH OF FLORIDA, INC. DBA: ZAFFRAN BUS SALES 407- 298 -1010 • 1 -800- 432 -8492 • FAX 407 - 298 -1013 BUSES NEW USED SALES SERVICE PARTS RENTAL CHARTER LEASING THIS AGREEMENT, made and entered into at Orlando, Florida on the day and date hereafter written, by and between SUPERIOR COACH OF FLORIDA, INC., a corporation organized and existing under and by virtue of the laws of the State of Florida, hereinafter referred to as Lessor, and the undersigned Lessee, hereinafter referred to as Lessee. WITNESSETH: The parties hereto, in consideration of the mutual covenants hereinafter set forth, and of other good and valuable considerations, do hereby agree as follows: IN WITNESS WHEREOF, the parties have caused these presents to be executed this day of DBA:ZAFFRAN BUS SALES LESSOR, SUPERIOR COACH OF FLORIDA, INC. 6647 NORTH ORANGE BLOSSOM TRAIL, ORLANDO, FLORIDA 32810 LESS By. Tine VEHICLE ETC. RENTAL RATE MILEAGE CHARGE DEPOSIT FUEL CHARGES ,260 r0?'' AAI < .� � _44$SS r /gal. if we must fuel bus on its return. ODOMETER READING INTENDED USE LEASE TERM VEHICLE SHALL BE OPERATED IN FLORIDA AND FINISH BEGIN START END TOTAL PICK -UP TIME RETURN TIME TOTAL COST FOR TERM �fi� ,."�J� ADD MILEAGE CHARGES w, /rTHARGES ADD FUEL /, JJjj TOTAL 70 �y�'_� Special Provisions: wi V yd- i :� + //� f Z -� �„3 / ► 2Q — Z- r{► IV : .. Z /Q — — — .. 2-3 04a - -Z7 Cif_ s) 2 G A0 910 y s C /G. °=,�,� �- ,�.v ► I. INSURANCE. (a)LESSEE SHALL PROVIDE, AT HIS OWN EXPENSE, THE FOLLOWING INSURANCE ON EACH VEHICLE DURING THE LEASE TERM THEREFOR, AND BEFORE LESSEE TAKES POSSESSION OF THE VEHICLE SUPPLY A CERTIFICATE OF INSURANCE NAMING LESSOR AS "ADDITIONAL INSURED AND LOSS PAYEE AS ITS INTEREST APPEARS:' INSURANCE AGENT: Nsme { Street City State ip Code EFFECTIVE DATE: Telephone No. From: INSURANCE COMPANY: Policy Number (1) Comprehensive fire and theft insurance for passenger cars and fire, theft and combined additional insurance for trucks. (II) Collision and upset insurance with not more than $ deductible. (iii) Automobile liability insurance with limits of not less than $ for any one person for bodily injury and death, $ for any one accident for bodily injury and death, $ for property damage, and $ for medical payments (b) Lessee shall pay for all repairs made nece el r collision b o��which aW qof covered by instrance. 'i.4 (c) Lessee shall provide, at his own expense an er insurance or at may be r lred by any governmental authority as a condition to or in connection with the use or operation of any vehicle during the lease term therefore (d) All insurance referred to in this Paragraph I shall protect, as their interests may appear, the Lessee, the Lessor, any other person having an interest in the vehicle if he so desires, and any person or organization responsible for the use or operation of the vehicle. All such Insurance shall be nrnvidad through insurance comoanias.aDaroYed.by bath Lessor and Lessee and each shall be furnished certificates of such insurance. bursed the suant to this Paragraph I, Lessor may provide the same and shall be reim- any reason with or without fault, to provide any insurance to be provided could cancel + d any insurance required to be�bvl' y Lessee, iy time therea er, byA+ing notice of termination to Le e. (f) If, during he lease term, the premium rates for any insurance provided or to be provided by the Lessor shall be increased for any reason, such increase (notwithstanding anything herein to the contrary) shall, upon demand, be paid for (or reimbursed to Lessor) and borne by Lessee. (g) Any proceeds of any insurance provided pursuant to this Paragraph I that shall be received by either Lessor or Lessee for any loss or casualty that has been made good by the other shall be paid to the other upon satisfactory proof that such loss or casually has been made good, unless such other 1. Vehicles, Equipment, Rental, Charges, Deposit, Use, and TERM. ��__��,�� The vehicles ilncluded In this lease, and the respective optional equipm "�age� bM►�i4dn�an4ab �, each vehicle, shall be as specified (and in such written Addenda to this lease as Lessor and Lessee m xecute from time to time). (a) Holdovers:"rR Lease In excess of 30 days: If the Lessee desires to extend or continue this agreement beyond termination date Lessee shall request such extension In writing at least,15 days prior to termination date and Lessor shall app a such extension request in writing at least 5 days prior to "termination date. Lease 30 days or less: If the Lessee desires to extend or continue this leas e I inatio `date ss a shall request su nsion�n writing at least 24 hours before the termination date and Lessor may approve o y such exte in writing at least 12 ho re the termination date. If no extension or continuation is granted the vehicle shall be returned to Lessor's possession at the place indicated in this agreement or to Zaff ran Bus Sales, Orlando, Florida on or before termination date. Failure of Lessee to deliver possession as hereinabove stated shall result in a tenancy by suffer- ance and the rental after termination shall be at the rate of triple the rent rate per day and Lessor shall be entitled to all rights for costs of collection as set forth in Paragraph 17 hereafter. (b) Lessee shall pay Lessor the deposit on each vehicle upon the execution hereof, to be held by Lessor as security against any default and/or for repair of physical damage existing upon the return of the vehicle to Lessor by Lessee hereunder with respect to the vehicle and refunded (to the extent remaining) at the end of the lease it no such default then exists. 40ti Alill III not limit Lessor's right to damages upon any such default, W12111111ollr (c) During the lease term, Lessee shall pay Lessor (or agent) for each vehicle: LCK14FIGATE OF COVERAGE Certificate Holder and Loss Payee Administrator SUPERIOR COACH OF FLORIDA, INC Issue Date 5/28/13 Florida League of Cities, Inc. D /B /A ZAFFRAN BUS SALES Department of Insurance and Financial Services 6647 NORTH ORANGE BLOSSOM TRAIL P.O. Box 530065 Orlando, Florida 32853 -0065 ORLANDO FL 32810 COVERAGES THIS IS TO CERTIFY THAT THE AGREEMENT BELOW HAS BEEN ISSUED TO THE DESIGNATED MEMBER FOR THE COVERAGE PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDmON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE COVERAGE AFFORDED BY THE AGREEMENT DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH AGREEMENT COVERAGE PROVIDED BY: FLORIDA MUNICIPAL INSURANCE TRUST AGREEMENT NUMBER: FMIT 0648 COVERAGE PERIOD: FROM 10/1/12 COVERAGE PERIOD: TO 10/1/13 12:01 AM STANDARD TIME TYPE OF COVERAGE - LIABILITY TYPE OF COVERAGE - PROPERTY General Liability ❑ Buildings ❑ Miscellaneous ❑ Comprehensive General Liability, Bodily Injury, Property Damage and ❑ Bask Form Inland Marine Personal Injury El Special Form ❑ Errors grid Omissions Liability Electronic Data Processing ❑ ❑ Supplemental Employment Practice ❑ Personal Property ❑ Bond ❑ Bask Form ❑ Employee Benefits Program Administration Liability ❑ Special Form ❑ Medical Attendants' /Medical Directors' Malpractice Liability ❑ �� Amount ❑ Broad Form P roperty Damage ❑ Deductible N/A ❑ Law Enforcement Liability ❑ Coinsurance N/A ❑ Underground, EVIOSIOn & Collapse Hazard ❑ Blanket Limits of Liability ❑ Specific ❑ Replacement Cost ❑ Actual Cash Value Automobile Liability Limits of Liability on File with Administrator ® All owned Autos (N"te Passenger) TYPE OF COVERAGE - WORKERS' COMPENSATION ® All owned Autos (Other than Private Passenger) ® Hired Autos ❑ Statutory Workers' Compensation ® Nan -Owned Autos ❑ Employers Liability ;1,000,000 Each Accident ;1,000,000 By Disease Limits of Liability $1,000,000 Aggregate By Disease • Combined Single Limn ❑ Deductible N/A Deductible Staploss ;25,000 SIR Deductible N/A ❑ Automobile/Equipment - Deductible ® Physical Damage Per Schedule - Comprehensive - Auto Per Schedule - Collision - Auto NA - Miscellaneous Equipment Other «The limit Of liability Is $200,000 Bodily Injury and /or Property Damage per person or ;300,000 Bodily Injury and/or Property Damage per occurrence. These sp ma limits of liability are Increased 60;2,000,000 for Automobile Liability (combined single limit) per occurrence, sdely for any liability claims bill resulting from entry of a pursuant to Section 768.28 (5) Florida Statutes or liability/settlement for which n o claims bill has been nles or IWoI im actions outside the State of Florida. liability posed pursuant to Federal Law or Dascription of Operations /LoenUons /Vehkles /Special Items RE: Use of 2000 AmTran Bus 56 Passenger, VIN 9080, for Summer Camp Program, June 4, 2013 — August 1, 2013. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE AGREEMENT ABOVE. Designated Member Cancellations CITY OF WINTER SPRINGS 1126 EAST STATE ROAD 434 SHOULD ANY PART OF THE ABOVE DESCRIBED AGREEMENT BE CANCELED BEFORE THE EXPIRATION CERTIFICAATEOHOLDER THE WINTER SPRINGS FL 32708 NAMED ABOVE, BUT FAILURE TOOMMAIILO�N NOTICE SHALL IEMppg No OBLIGATION OR LIABILITY OF ANY HIND UPON THE PROGRAM, ITS AGENTS OR REPRESENATIYES, UE0 FMITf EYT ��/x,.m AUTHORIZED REPRESENATIVE